part ii - contract clauses

DE-AC05-00OR22725
Modification No. 341
Section I
CRADAs on behalf of the DOE subject to the requirements set forth in this
paragraph.
(1) Review and Approval of CRADAs.
(i)
(ii)
Except as otherwise directed in writing by the contracting officer, each
JWS shall be submitted to the contracting officer for approval. The
Contractor's Laboratory Director or designee shall provide a program
mission impact statement and shall include an impact statement
regarding related Intellectual Property rights known by the Contractor to
be owned by the Government to assist the contracting officer in the
approval determination.
The Contractor shall also include (specific to the proposed CRADA), a
statement of compliance with the Fairness of Opportunity requirements
of paragraph (e) of this clause.
(iii) Within thirty (30) days after submission of a JWS or proposed CRADA,
the contracting officer shall approve, disapprove or request modification
to the JWS or CRADA. The contracting officer shall provide a written
explanation to the Contractor's Laboratory Director or designee of any
disapproval or requirement for modification of a JWS or proposed
CRADA.
(iv) Except as otherwise directed in writing by the contracting officer, the
Contractor shall not enter into, or begin work under, a CRADA until
approval of the CRADA has been granted by the contracting officer. The
Contractor may submit its proposed CRADA to the contracting officer at
the time of submitting its proposed JWS or any time thereafter.
(2) Selection of Participants. The Contractor's Laboratory Director or designee in
deciding what CRADA to enter into shall:
(i)
(ii)
Give special consideration to small business firms, and consortia
involving small business firms;
Give preference to business units located in the United States which
agree that products or processes embodying Intellectual Property will be
substantially manufactured or practiced in the United States and, in the
case of any industrial organization or other person subject to the control
of a foreign company or government, take into consideration whether or
not such foreign government permits United States agencies,
organizations, or other persons to enter into cooperative research and
development agreements and licensing agreements;
(iii) Provide Fairness of Opportunity in accordance with the requirements of
paragraph (e) of this clause; and
DE-AC05-00OR22725 Section I—Page 228 of 276